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I Owe More Than My House is Worth!

By
Mortgage and Lending with Oxford Financial Corp

That’s a tough spot to be in pal.  With today’s real estate market and some very aggressive mortgage lending tactics, this has become all too common.  Many lenders encourage people to borrow all of their equity and in many cases, on an interest only loan!   This is truly a recipe for self destruction.  When you owe money, the general idea is to try to pay it back.  At least that’s what Mom always said.  Anyway, if you’re in this situation, for whatever reason, what are your options?

 

One option that should not even be considered is stopping making payments on the house and giving it back to the bank!  Otherwise known as foreclosure.  The bank can still go after you for the shortfall after the house is sold.  Plus, your credit will be destroyed.  Not cool.

 

Another possibility is renting the home to someone else so you can go out and buy a new house.  This will work great as long as you can get enough rent to cover most, or all, of the house payment.

 

If you really have to get out of the house, then you may have to sell at a loss.  In some extreme circumstances, it may make sense to bring money to closing to get out of the situation and move on with your life.

 

Maybe your lender will allow a “short sale”?  This is when the sales price does not cover the mortgage payoff and your bank agrees to eat the difference.  Doesn’t happen often, but it may worth at least a phone call to see if they would consider it.  This would probably only be allowed if your having some extreme financial trouble and the bank feels it’s the best way out for them.

 

As a last resort, you may be able to voluntarily give the property back to the lender.  This is known as “Deed in-lieu of Foreclosure” and is generally only done if you are behind on your payments and the bank agrees to take the house back.  This is not nearly as damaging to your credit as a foreclosure.  A call to your lender can determine if this is a possibility. 

 

Finally, watch out for scammers!  Someone may offer to buy you out of the house and take over your house payments.  Never give someone else the responsibility to pay for your loan.  If they don’t make the payments, you are the one who gets foreclosed on and your credit is ruined – not theirs.   If someone offers to do something to get you out of this mess that sounds too good to be true – it is!!

 

Ken Mascia, Loan Officer

248-644-1200

Oxford Financial Corporation

Birmingham, Michigan
Maureen Francis
Coldwell Banker Weir Manuel - Bloomfield Hills, MI
Coldwell Banker Weir Manuel

Ken,

Excelente!  Great advice.  Most sellers have NO idea what they are supposed to do.

Thanks for posting.

Maureen  Birmingham Michigan Real Estate

 

 

Sep 28, 2006 02:13 AM
Edward Mehnert
Las Vegas, NV
most lenders will not entertain a short sale unless you are behind in payments.  You could try selling it on a lease option.   
Sep 28, 2006 02:16 AM
Donna Quanrud
Coldwell Banker Burnet - Eden Prairie, MN
Donna Quanrud Southwest Metro Homes
Great Topic - with foreclosures up 70% over last year in my area.  We are seeing lots of bank owned, short sales, and foreclosures.
Sep 28, 2006 03:28 AM
Maureen Francis
Coldwell Banker Weir Manuel - Bloomfield Hills, MI
Coldwell Banker Weir Manuel

Ken,

 You got a gold star!! I am so proud of you.

Sep 28, 2006 04:45 AM
Leslie Bloss, Bellevue Real Estate Professional
Bellevue, WA
Thank you.  You do a very good job of explaining things so that the "layman" can understand them.
Sep 28, 2006 04:54 AM
Jay and Linnea Hanley
PrudentialFloridaRealty - Jupiter, FL

Great information! There are a lot of foreclosures in our area due to interest only loans. It's very sad.

Jay and Linnea Hanley

Sep 28, 2006 05:43 AM
Leigh Brown
Leigh Brown & Associates, RE/MAX Executive - Charlotte, NC
CEO, Dream Maker - Charlotte, NC
To add to that list...when I present a seller net sheet in a negative equity situation, i have them sign at the bottom that they are aware that funds must be in certified form at closing.  Many sellers just sign contracts not thinking about the fact that they have to bring real money to the table.  It makes the fact more real and also protects everyone by having it in writing from day one.  For those of us that have been in a buyers' market for the past 5 years, just now getting into balance, it's been a way of life.  Especially in 100% financing situations on ARMs that are no longer affordable...
Sep 28, 2006 08:15 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude
We are seeing many more short sales here in the San Diego area as a result of the changed market. But you don't know if it is because people HAVE to sell (can't make payments, etc.) or just want to get into another situation.
Sep 28, 2006 08:58 AM
Mark Wojewnik
Equity Source Home Loans, LLC - New Port Richey, FL
Great information.  I recently read an article on the MSN Home page regarding individuals who offer to take over mortgage payments.  What a mess!
Sep 28, 2006 02:24 PM
Keenan Tameling
Libertas Holding Inc. - Calgary, AB
My suggestion is for mortgage brokers and realtors to have a real estate investor on their team so when these situations present themselves they have someone who might be able to offer an alternate solution for the client.  A client need never go into foreclosure or damage their credit if they have professionals they can trust to help them out.
Sep 28, 2006 02:52 PM
Sara Lipnitz
Max Broock Realtors - Birmingham, MI
Ken...  Good for you, you got a gold star.  Wonderful post.  I know that you are one of the "good guys" out there.  Keep it up.
Sep 28, 2006 03:32 PM
Lisa Dunn
Edina Realty - Minneapolis, MN
www.TwinCitySeller.com
this looks like a post you could turn into a seller brochure and a great marketing piece! thanks for posting
Sep 28, 2006 09:44 PM
Angus in Naperville IL
RE/MAX of Naperville - Naperville, IL

MooGreat post Ken,

It's just like the late 80's with the negative am problems that we had then...  The folks making the minimum payments on those loans have a recipe for disaster in a softening market. The #'s are just much bigger these days. We haven't many "upside down" mortgage situations since the early 90's.

...and to think... bankruptcy is no longer a get out jail free card.

Yikes!

Moo

Sep 29, 2006 12:37 AM
Karen Hurst
RICOASTALLIVING.COM - Warwick, RI
Rhode Island Waterfront!

Hi Ken,

Apparently we were blogging about similar problems at the same time last night.

http://activerain.com/blogsview/The-Other-Side-of-Real-Estate-?11185

All though all the "options" sound feasible, they almost all result in "losing the house".

 

Sep 29, 2006 01:05 AM
Ken Mascia
Oxford Financial Corp - Birmingham, MI
Thanks to everyone for the comments on my post and most especially you - Maureen, for pushing me all the time :)
Sep 29, 2006 07:23 AM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

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